HEADLINE: Blue Lake police chief held for trial

BYLINE: Thadeus Greenson The Times-Standard

A Humboldt County Superior Court Judge ruled Wednesday there is sufficient evidence to hold Blue Lake Police Chief David Gundersen for trial on 19 charges, including spousal rape.

In making his ruling, Judge John Feeney said he found probable cause to hold Gundersen over on the 12 counts of spousal rape, and charges of violating a court order; attempting to dissuade a victim from reporting a crime; acting unlawfully with department records; and being in possession of a controlled substance without a prescription, a submachine gun and a pistol with an attached silencer.

Feeney also held Gundersen over on a charge of forcibly raping a second victim -- with a firearm enhancement. This was a reduction from an initial charge of kidnapping or transporting a victim with the purpose of committing rape. 

"At this point, I find that the alleged movement of the victim was merely incidental to the alleged rape," Feeney said in explaining his ruling.

Gundersen appeared in a red jumpsuit, indicating he is being kept in isolation from the general population at the Humboldt County Jail.

At the end of the hearing, Feeney also granted District Attorney Paul Gallegos' request to issue an Emergency Protective Order forbidding Gundersen from having any contact, either directly or indirectly, with his wife, Jane Doe 1.

Clanton objected to the request, saying Jane Doe 1 had not herself asked for the order.

Gallegos countered that due to the nature of the charges against Gundersen and his prior attempts to dissuade Jane Doe 1 from testifying, the order is necessary to protect Jane Doe 1 from acts of retribution.

"That is a very real scenario that the court sees all the time," Gallegos said.

Clanton then said he felt Gallegos' request had more to do with wanting to protect his case -- which Clanton described as being on "very fragile factual footing" -- than any efforts to protect Jane Doe 1.

Feeney's granting the order capped the fifth and final day of the Gundersen's preliminary hearing, which saw District Attorney Investigator Steve Dunn take the stand.

Gallegos questioned Dunn about the two firearms charges facing Gundersen, and an assortment of weapons seized from Gundersen's home and the Blue Lake Police Department during the investigation.

Dunn testified that a total of 111 firearms were seized by investigators, including 31 submachine guns. Dunn said the seizures also included 48 firearms registered to the Blue Lake Police Department, some that were not registered, and 20 taken from the department's evidence locker.

Agents from the Bureau of Alcohol, Tobacco and Firearms and from the Department of Justice also have been involved in the investigation, Dunn testified.

Zeroing in on two of the 25 weapons seized from Gundersen's residence -- the submachine gun and pistol with an attached silencer -- Gallegos asked if, at some point, Dunn grew suspicious that those weapons were not possessed as a part of Gundersen's duties with the Blue Lake Police Department, which would make possessing them illegal. 

Dunn testified that he did, explaining that the two firearms in question were not registered with the state's Automated Firearms System and were not listed on any inventories of department weapons. He also said there was no mention of them in the department's policies and procedures, and that the city has no record of their purchase.

Duane Rigge, who served as Blue Lake's city manager when the weapons were acquired in 2001, had no knowledge of them, said Dunn.

Under cross examination, Gundersen's attorney Russell Clanton started by asking Dunn about current Blue Lake City Manager Wiley Buck.

"Did he ever tell you he had, in fact, been out on the range firing the (submachine gun) with members of the Blue Lake Police Department?," Clanton asked.

"No, he did not," Dunn testified.

Buck was not available for comment Wednesday.

Dunn also testified under cross examination that it is typically the chief of police who is responsible for formulating a department's policies, and that Rigge told him there might be practical applications for a submachine gun in Blue Lake, a town of about 1,200 people 18 miles northeast of Eureka. Clanton then pointed out there is a casino in Blue Lake, which has a lot of cash on hand at any given time and could be the target of a robbery.

"People who would do that sort of caper wouldn't go in with pea shooters, correct?" Clanton asked.

"I wouldn't think so," Dunn testified.

But Dunn went on to testify that an agency acquiring weapons like submachine guns and silencers is obligated to register them with the state, as Gundersen had done with other firearms purchased by the department around the same time period.

In closing arguments, Clanton argued that the prosecution's case is full of holes. It suffers from inconsistent and incredible testimony, and it hasn't established probable cause for the 19 counts facing his client, Clanton said.

In the end, Feeney disagreed, but cautioned that a preliminary hearing does not carry the same burden of proof as a jury trial, where the prosecution must prove its case beyond a reasonable doubt.

An arraignment on the information has been scheduled for May 12, and Gundersen remains in custody in lieu of $1.25 million bail.

Thadeus Greenson can be reached at 441-0509 or tgreenson@times-standard.com 

HEADLINE: 1 Valley police chief, 1 former chief indicted

BYLINE: Lynn Brezosky

SECTION: METRO AND STATE NEWS; Pg. 5B

BROWNSVILLE - Two Rio Grande Valley police chiefs A Rio Grande Valley police chief and a former chief are now under indictment - one for alleged crimes including sexual assault of drunken staffers and another for shooting beanbag shells at the car of his wife's ex-husband. 

A Hidalgo County grand jury Tuesday indicted former Alton Police Chief Jose Luis Vela, 43, on a total of four counts of sexual assault against two alleged victims and two counts of theft by a public servant.

Prosecutors accuse Vela of performing oral sex on a male employee who had passed out at a party about two years ago and of using an object to sexually assault another unconscious employee last July.

The theft charge alleges Vela stole a seized weapon from the department's evidence locker.

He was fired Sept. 21 for poor record keeping and the alleged theft, and faces up to 20 years in prison and a $10,000 fine if convicted.

A court date had not yet been set Thursday and it was unclear whether he had an attorney.

The jury also Tuesday indicted Edcouch Police Chief Eloy Cardenas for aggravated assault for allegedly shooting at the car of his wife's ex-husband as the man drove by their home.

An arraignment is set for May 22. He faces up to 10 years in prison and a $10,000 fine if convicted. His attorney did not immediately return a call for comment.

HEADLINE: Items missing from several places 

DATELINE: ATHENS

Police Chief Chuck Ziegler said Wednesday that whoever took money, drugs and a handgun from police custody had to collect the items from different places.

Chief Ziegler said that about $46,000 in cash was in a Finance Department vault, and large quantities of prescription pills, marijuana and cocaine were in the police property room. The handgun was in a detective's office, the chief said.

McMinn County's grand jury did not indict former Chief Detective Bill Matthews in connection with the missing evidence.

The grand jury heard a statement from Mr. Matthews admitting he took $8,900 to pay bills, a special prosecutor said.

HEADLINE: Mason in trouble again

BYLINE: HEATHER WELLS

Former Idaho Falls City Prosecutor Kimball Mason could be headed to prison.

Mason, who was convicted in 2006 for stealing guns from the Idaho Falls Police Department's evidence room and falsifying public documents, was kicked out of the Twin Falls Community Work Center after officials discovered he was preparing taxes for other inmates in exchange for money, District Manager Dawn Anderson said.

The 53-year-old has been moved to the Mini-Cassia Criminal Justice Center in Burley, where he's expected to remain until the Department of Correction decides where to move him. 

Mason, Inmate No. 81730, arrived at the Twin Falls work center in late November after being transferred from Cottonwood, a minimum-security facility in northern Idaho. There, he was deemed a low-risk, minimum-security offender.

During his three months in Twin Falls, though, he received six warnings from officials for a number of violations, Anderson said.

His last offense resulted in a "disciplinary offense report," she said, which is an automatic ticket out of the facility.

"We provide them opportunities to make some changes if they choose," Anderson said. "But his behavior caused him to move into a higher-security facility."

Department of Correction officials haven't discussed where Mason will be moved, spokesman Jeff Ray said, adding that his case is unique because of his job as city prosecutor, which he held from 1993 until he resigned in January 2006.

He was originally sent to Cottonwood because officials reasoned he would be less likely to run into people he'd sent to prison. After a stint at Cottonwood, he was transferred to Twin Falls.

Mason's recent move won't affect his eligibility for parole in 2010.

"People don't always get it the first time, and offenders are no different," Anderson said.

Breaking the rules

Here are some of the rules imposed on inmates in the Twin Falls Community Work Center:

Beds must be made daily before leaving the room.

Daily showers are required (or more often if needed).

Possession of alcohol or drugs is prohibited.

Consuming poppy seeds in any manner is banned.

No aerosol cans (including deodorant and air fresheners) are allowed.

A urine or eye test can be performed without prior notice.

Here's a list of Kimball Mason's violations at the work center:

Dec. 10, 2007: Verbal warning for not being properly dressed when he left the tier.

Dec. 31: Verbal warning for failing to accurately log his mileage.

Jan. 2: Written warning for failing to accurately log his mileage.

Jan. 14: Alternative sanction for failing to accurately log his mileage.

Jan. 18: Verbal warning for showing up late for his job duties.

Feb. 4: Alternative sanction for receiving contraband (cash) from his wife.

Kimball Mason: A background

The former Idaho Falls city prosecutor's legal woes date to 2005, when questions arose about evidence missing from the Idaho Falls Police Department's evidence vault. Mason resigned in January 2006, a couple of months before the state charged him with two counts of grand theft and one count of falsifying a public document in connection with the missing evidence.
He struck a plea deal and was sentenced that May to three concurrent one- to five-year prison terms. The judge retained jurisdiction over the case, however, meaning Mason would be eligible for release after 180 days.

But less than a month after his sentencing, police acting on a tip raided his Hartert Drive home and found 37 guns, nine of which Mason stole from the evidence vault and swore he had destroyed. That prompted prosecutors to file 13 new felony charges against him. They also asked a judge to order Mason to serve the remainder of his maximum five-year sentence. The judge obliged.

In all, Mason received a one-to-five-year prison term for the initial charges and a three-to-10 year term for the second batch of charges. He's eligible for parole in 2010, but could be locked up until 2021.

Did you know?

Kimball Mason's job at the Twin Falls Community Work Center was to drive inmates to and from work every day. Inmates are allowed to work in the community only if their release or parole date is within 12 months. Of 81 inmates, 72 are allowed to work in the community.

HEADLINE: Missing cash, drugs from Galveston police prompts probe

DATELINE: GALVESTON Texas

The disappearance of cash and drugs from the Galveston Police Department's property room has prompted the dismissal of 16 cases and a Texas Rangers audit of 2,100 other cases. 

Local officers began a criminal investigation after about $18,000 in cash and an undisclosed amount of cocaine, hydrocodone and Ecstasy disappeared from the property room last month.

A civilian employee was fired, but no one has been charged with any crime. City officials have declined to identify the fired employee. Charges likely won't be filed until the state's investigation is complete, said City Manager Steve LeBlanc.

Galveston County District Attorney Kurt Sistrunk and city and other county officials decided the evidence remaining in the property room should be examined by an outside law enforcement agency.

Starting later this month, 10 Rangers will spend about four weeks going through the evidence. They will work out of recreational vehicles parked outside police headquarters, LeBlanc said.

More local cases could be dismissed because of compromised evidence, LeBlanc said. The City Council has allocated up to $50,000 for the investigation, but LeBlanc said the investigation likely would cost less.

The investigators also will make recommendations about how evidence, including weapons and explosive materials, should be stored in the future.

LeBlanc promised the council that someone within the police department's chain of command would be held responsible for any security or management deficiencies that made the property room theft possible.

The property room theft was the third blow to the department in recent months. Earlier this year, one of the department's female employees sued the city, alleging repeated incidents of sexual harassment.

On March 16, residents were outraged after officers failed to control a post concert traffic jam in the city that turned into a street party and mini-riot.

Information from: The Galveston County Daily News, http://www.galvnews.com

HEADLINE: Evidence stolen at multiple locations

BYLINE: Ron Clayton, Correspondent

ATHENS, Tenn. -- Police Chief Chuck Ziegler said Wednesday that whoever took money, drugs and a handgun from police custody had to collect the items from different places.

He said that about $46,000 in cash was in a safe inside the Finance Department's vault. Hundreds of prescription bills, 1.75 pounds of marijuana and 2 ounces of cocaine were in the police property room, and the handgun was in a detective's office, the chief said. 

Last week, a McMinn County grand jury declined to indict former Chief Detective Bill Matthews in connection with the missing evidence.

According to special prosecutor Russell Johnson, the grand jury heard a statement in which Mr. Matthews admitted taking $8,900 that he said he used to pay bills.

An audit by the state comptroller's audit and a TBI probe were unable to account for the rest of the money or other evidence. The grand jury was told only Chief Ziegler and Mr. Matthews had the combination to the safe.

Chief Ziegler was grilled at Tuesday's City Council meeting about the investigation that began in October. He was on vacation last week when the grand jury met.

Council members Dick Pelley and Shannon Alvey pressed the chief for more information, but he said the TBI has all the records.

Chief Ziegler said the city had safeguards in place.

"But a long-term, trusted employee found a way to manipulate the system, resulting in the losses that prompted the investigation," he said.

When Mrs. Alvey asked if the chief was saying the long-term employee took all the money, Chief Ziegler declined to be specific.

Mrs. Alvey criticized what she called "a lack of leadership and response" to the issue.

"You would think you are in a funeral parlor by the silence about this," she said.

TBI spokeswoman Kristin Helm said Wednesday the agency cannot release information on the investigation. She said TBI is considering whether to involve the U.S. Attorney's office, but added, "If that happens, the TBI won't be directly involved."

Mr. Pelley said the council was not informed of the issue and received most of its information from the newspapers.

"There are two issues here," he told the chief. "There is the criminal investigation, but there is also an accountability issue. There has been malfeasance."

He questioned whether City Manager Mitchell Moore withheld information from the council. He called for Mr. Moore to resign.

"I'm disappointed you would accuse a city employee," Mayor John Proffitt said to Mr. Pelley.

The mayor, along with Councilmen Bo Perkinson and Hal Buttram, said they will wait to comment until official audit results are released next week.

E-mail Ron Clayton at jwalton@timesfreepress.com

HEADLINE: Calcasieu deputy arrested in alleged evidence theft

DATELINE: LAKE CHARLES La.

SECTION: STATE AND REGIONAL

A deputy with the Calcasieu Parish Sheriff's Office has been arrested on felony theft charges.

State police on Saturday said Troy Taylor, 40, was booked on felony theft and malfeasance in office charges after an investigation requested by Calcasieu Sheriff Tony Mancuso into missing evidence from an evidence vault.

Taylor was booked Thursday evening and was released Saturday after bail was set at $10,000. 

HEADLINE: Aurora Police Audit finds no loss of cash 

BYLINE: Carlos Illescas The Denver Post

SECTION: DENVER & THE WEST; Pg. B-01

The review of evidence handling will act as a tuneup, officials say.

AURORA - An audit of the Police Department's evidence vault and property rooms found no missing property or money.

The findings were a result of a months-long inventory and survey by the city auditor's office of more than 250,000 pieces of evidence collected during 2006 and 2007. 

It came after an assessment by an outside accreditation firm found a discrepancy of more than $600,000 that has since been tied to a computer data-entry glitch.

"All the cash is accounted for, and that was highly important," Aurora Police Chief Dan Oates said Tuesday during a city meeting. "As a result of that mock assessment, we will be a better agency."

City Auditor Ann Marie Isaac-

Heslop did find $4,830 in counterfeit money that had been admitted into the property room as cash. Sgt. Pat Smith, who helped spearhead the inventory, said that was due to "good counterfeit" bills that had not been looked at closely enough until the recent inspection.

Police have or will adopt new procedures and policies after the review of the evidence vault and property rooms. Those include putting non-evidence money in a bank, instituting better tracking of evidence, providing more secure access to the vault, and increasing surveillance.

Another issue cited by the auditor was the storage of property in four different locations, which can lead to items being displaced or not accounted for, Oates said. Ideally, the department would like more centralized storage.

Increased staffing also was recommended by the auditor. Oates said the city's current budget constraints won't allow for the change this year.

After the initial $600,000 discrepancy was identified, police found that 24 envelopes totaling $6,381 - most of it drug money - had been stolen between June 2000 and August 2002.

That occurred during previous regimes, and several officials were disciplined. Now, city officials are confident the proper procedures are in place to ensure no more money or property will turn up missing. 

"This shows that the system works the way it was supposed to," said City Councilwoman Sue Sandstrom, chairwoman of the Public Safety Committee. "We're better off having gone through this."

Carlos Illescas: 303-954-1175 or cillescas@denverpost.com

HEADLINE: Former officer pleads guilty to stealing guns

DATELINE: OWENSBORO Ky.

A former western Kentucky police officer has pleaded guilty to stealing guns from an evidence locker and then selling them to gun dealers.

U.S. Attorney David Huber says 37-year-old Brian McKinney admitted to stealing and selling 85 firearms while working as evidence custodian for the Madisonville Police Department between May 1, 2005, and Jan. 18, 2007.

McKinney was suspended from duty when an audit revealed the missing firearms. McKinney no longer works for the police department. An appraisal of the guns will be conducted before McKinney is sentenced in eight to 10 weeks.

McKinney faces up to 10 years' imprisonment, a $250,000 fine and supervised release for up to three years. 

HEADLINE: Mamaroneck village residents back detective accused of theft

BYLINE: Aman Ali 

MAMARONECK VILLAGE - A group of about 25 residents, including a former trustee, engaged the village board in a heated discussion this week over the disciplinary charges against Joseph Comblo, a detective accused of taking more than $23,000 from a police evidence locker.

"We all know and love Joe Comblo," Mamaroneck resident Ronald Marino said at the Tuesday night board meeting. "He did nothing wrong, and we know he will be exonerated. We are here to show him that we are behind him all the way." 

Comblo has denied taking $23,383.40 from a safe at police headquarters and using it for personal spending. The veteran police officer, who retired from the department last month, was served with disciplinary charges in March, the same week he filed for retirement.

Among those at the meeting questioning Comblo's charges was former Trustee Tony Fava.

"I can't understand why you'd have a disciplinary hearing against someone who is no longer an employee of the village," Fava said.

Mayor Kathy Savolt acknowledged Fava's concern.

"We obviously cannot suspend or fire him because he's no longer an employee," Savolt said of Comblo. But she would not say what measures the village could explore instead.

"I'm afraid I cannot get into specifics," Savolt said. "It's too personal to the individual for me to discuss."

"I know people want answers," she added. "We all want answers. But we don't have any right now."

Fava also noted that insurance had helped the village regain approximately $18,000 of the money.

"Why isn't this information being given to the public?" Fava said. "If the village is getting $18,000 and some change on this, the taxpayers have a right to know that."

Savolt confirmed insurance did reimburse some of the money but could not give the amount.

Village Attorney Janet Insardi said the disciplinary charges brought against Comblo are internal. According to police procedures, Comblo has a right to request a public hearing to challenge the charges, which he has done. The village board would oversee the hearing sitting as the Police Board of Commissioners.

"The Board of Trustees is like the jury in this case," Savolt said. "Therefore, the Police Department would be similar to the prosecution."

Mamaroneck resident Dorine Watkins told the board she has been a friend to Comblo for 30 years. She questioned the evidence against Comblo including a polygraph test he reportedly failed on March 6 when asked about the money.

"This is hurting this community and all the people that know Joey Comblo," Watkins said. "We don't have any information about the specifics on this case, and it seems everything is revolving around this polygraph."

Savolt would not comment on any evidence.

"We don't get any information about the case until its given to us during the hearing," she said. "It would be like a jury seeing a case before the trial."

Jonathan Lovett, Comblo's attorney, said last week Comblo's public hearing was set for June 17. Savolt said the date has not been finalized, and a hearing in June is not likely.

Both Lovett and John O'Reilly, the attorney for the Police Department, could not be reached for comment.

Reach Aman Ali at 914-694-5063 or aali@lohud.com

HEADLINE: EX-OFFICER PLEADS GUILTY

DATELINE: OWENSBORO

A former Western Kentucky police officer has pleaded guilty to stealing guns from an evidence locker and then selling them to gun dealers. U.S. Attorney David Huber says Brian McKinney, 37, admitted to stealing and selling 85 firearms while working as evidence custodian for the Madisonville Police Department between May 1, 2005, and Jan. 18, 2007. McKinney was suspended from duty when an audit revealed the missing firearms, and he no longer works for the department.

HEADLINE: State audit backs probe into missing evidence in Athens

DATELINE: ATHENS Tenn.

An audit by the Tennessee Comptroller's Office confirmed an earlier investigation that found more than $46,000 in cash and a weapon had been taken from the Athens Police Department. 

The state audit recommended changes in procedure to tighten security for the evidence locker.

A McMinn County Grand Jury refused to indict former Chief Detective Bill Matthews this month, despite hearing evidence about his theft confession from the Tennessee Bureau of Investigation.

Ninth Judicial District Attorney General Russell Johnson accused the grand jury of either ignoring Matthews' sworn statement about the theft or not indicting him because they felt sorry for him.

Mayor John Proffitt said most of the recommended security changes have already been undertaken.

Information from: The Daily Post-Athenian, http://dpa.xtn.net